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People v. Thompson

Court of Appeal of California, Second District
Aug 2, 2006
141 Cal.App.4th 1312 (Cal. Ct. App. 2006)

Summary

finding the defendant's simple denial that he handed drugs to a police officer in exchange for money was not a sufficient showing for discovery because the defendant failed to provide "a nonculpable explanation for his presence in an area where drugs were being sold," or why he was singled out by police

Summary of this case from People v. Jackson

Opinion

No. B184566.

August 2, 2006.

Appeal from the Superior Court of Los Angeles County, No. BA280080, Frederick Wapner, Judge.

James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Jaime L. Fuster and Victoria B. Wilson, Deputy Attorneys General, for Plaintiff and Respondent.



OPINION


Juan L. Thompson appeals his conviction for the sale of cocaine base. (Health Saf. Code, § 11352, subd. (a).) He contends that the trial court erred by denying his Pitchess motion for discovery without conducting an in camera review of the requested police personnel records. In Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1026 [ 29 Cal.Rptr.3d 2, 112 P.3d 2], our Supreme Court concluded that any "plausible" showing that "might or could have occurred" is sufficient to require in camera review. Thompson, however, is unable to satisfy this unquestionably low threshold. Although his factual showing is possible, it is not plausible by any rational standard. We affirm.

Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897, 522 P.2d 305].

FACTS

Officer Michael Saragueta was working undercover as part of the narcotics "buy team" of the Los Angeles Police Department. He approached Thompson who was standing near the street. Thompson asked, "How much," and Saragueta answered, "A dime." A "dime" means $10 worth of drugs. Thompson handed Saragueta two off-white solids later identified as cocaine base, and Saragueta handed Thompson two $5 bills the police had photocopied for later identification.

Officer Saragueta was working with several other police officers in the buy team, and was wearing a one-way "wire." Several officers watched the transaction from 25 to 30 feet away and saw the exchange of money for the drugs. Two other officers monitored the wire and heard the verbal portion of the transaction.

When the exchange was completed, Saragueta walked away and signaled his fellow officers that a drug transaction had been completed. Uniformed officers who were not part of the buy team arrived at the scene and arrested Thompson. One of the uniformed officers searched Thompson and recovered two $5 bills, which were identified as the bills Saragueta gave to Thompson in payment for the cocaine base.

DISCUSSION No Error in Denial of Pitchess Motion

Thompson moved for discovery of personnel records and other information covering 11 Los Angeles Police Department officers and detectives who were involved in the drug transaction. (See Pitchess v. Superior Court, supra, 11 Cal.3d 531.) In addition to Saragueta, the motion named six officers who saw the transaction, two detectives who monitored Saragueta's wire, the arresting officer who found two $5 bills in Thompson's possession, and an officer who identified the bills as Saragueta's buy money.

The trial court denied the motion, concluding that the showing in support of the motion was insufficient to establish good cause to conduct an in camera review of the documents. Thompson contends that the denial was error under the standard set forth in Warrick. We disagree. We conclude that, under the Warrick standard, the trial court could reasonably conclude that Thompson failed to show good cause for the requested discovery because he did not present a specific factual scenario that is plausible when read in light of the pertinent documents and undisputed circumstances. (See People v. Mooc (2001) 26 Cal.4th 1216, 1228 [ 114 Cal.Rptr.2d 482, 36 P.3d 21] [trial court ruling on Pitchess motion is reviewed for abuse of discretion].)

A defendant is entitled to discovery of a police officer's confidential personnel records that contain information relevant to the defendant's defense. ( Pitchess v. Superior Court, supra, 11 Cal.3d at pp. 537-538; Evid. Code, §§ 1043- 1045.) The procedure requires a showing of good cause for the discovery, an in camera review of the records if good cause is shown, and disclosure of information "relevant to the subject matter involved in the pending litigation." (Evid. Code, § 1045, subd. (a).)

There is a "relatively low threshold" for establishing the good cause necessary to compel in camera review by the court. ( City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 83-84 [ 260 Cal.Rptr. 520, 776 P.2d 222], quoted in Warrick v. Superior Court, supra, 35 Cal.4th at p. 1016.) The defendant must show that the personnel records are material to his or her defense, and state a reasonable belief that the records contain the type of information sought. ( Warrick, at p. 1016.)

Most importantly for the instant case, the defendant must "`establish a plausible factual foundation'" for its defense. ( Warrick v. Superior Court, supra, 35 Cal.4th at p. 1025.) To do so, the defendant "must present . . . a specific factual scenario of officer misconduct that is plausible when read in light of the pertinent documents." ( Ibid.) A scenario sufficient to establish a plausible factual foundation "is one that might or could have occurred. Such a scenario is plausible because it presents an assertion of specific police misconduct that is both internally consistent and supports the defense proposed to the charges." ( Id., at p. 1026, italics added.)

Depending on the circumstances of the case, the denial of facts described in the police report may establish a plausible factual foundation. ( Warrick v. Superior Court, supra, 35 Cal.4th at pp. 1024-1025.) A factual scenario does not have to be reasonably probable or credible. "To require a criminal defendant to present a credible or believable factual account of, or a motive for, police misconduct suggests that the trial court's task in assessing a Pitchess motion is to weigh or assess the evidence. It is not." ( Warrick, at p. 1026.)

Thompson's Pitchess motion asserted that, according to the police report, Officers Vbarilla, Jackson, Curry, Rubalcava, Vizcarra, and Suviate witnessed Saragueta conduct the drug transaction; Detectives Mossman and Kanchahamongkol monitored the wire; Officer Fernandez found money in Thompson's possession; and Officer Diaz confirmed that it was the buy money. The motion sought identification of all persons who filed or were interviewed regarding complaints against any of the officers concerning acts of false arrest, illegal search and seizure, fabrication of evidence, planting evidence, dishonesty, and other forms of misconduct. The motion also sought copies of statements from complainants, copies of investigative reports and psychological evaluations of the officers, and records of disciplinary actions and board of rights hearings.

A declaration from defense counsel stated that "the officers did not recover any buy money from the defendant, nor did the defendant offer and sell drugs to the undercover officer." The "officers saw defendant and arrested him because he was in an area where they were doing arrests." When "defendant was stopped by the police and once they realized he had a prior criminal history they fabricated the alleged events and used narcotics already in their possession and attributed these drugs to the defendant." The charges "are a fabrication manufactured by the officers to avoid any type of liability for their mishandling of the situation and to punish the defendant for being in the wrong area, at the wrong time and for having a prior criminal history. . . ."

This Showing is insufficient because it is not internally consistent or complete. We do not reject Thompson's explanation because it lacked credibility, but because it does not present a factual account of the scope of the alleged police misconduct, and does not explain his own actions in a manner that adequately supports his defense. Thompson, through counsel, denied he was in possession of cocaine or received $10 from Officer Saragueta. But he does not state a nonculpable explanation for his presence in an area where drugs were being sold, sufficiently present a factual basis for being singled out by the police, or assert any "mishandling of the situation" prior to his detention and arrest. Counsel's declaration simply denied the elements of the offense charged.

A comparison of the instant facts with the Warrick facts is instructive. In Warrick, the police report stated that police officers saw the defendant holding a baggie of rock cocaine in an area known for narcotics activity. When he saw the police, the defendant fled, discarding numerous rocks of cocaine. One officer recovered 42 rocks. ( Warrick v. Superior Court, supra, 35 Cal.4th at p. 1016.) The defendant denied possessing or discarding the rock cocaine. Counsel's declaration stated that he was in the area to buy cocaine and ran from the police because of an outstanding warrant. Other people were pushing and shoving each other to retrieve rocks from the ground and a police officer claimed defendant "must have thrown" at least some of them. ( Id., at p. 1017.)

Warrick concluded that the defendant's version of events was plausible and internally consistent because it claimed he fled from the police who saw rock cocaine on the ground and mistook the defendant as the person who discarded it. ( Warrick v. Superior Court, supra, 35 Cal.4th at p. 1027.) In Warrick, the defendant did not merely make bald assertions that denied the elements of the charged crime. He provided an alternate version of the events that was plausible, if not entirely convincing. The defendant presented a "specific factual scenario" that explained his presence in the area, his running from the police, and a reason for the police to conclude that he had discarded the rock cocaine they recovered. And the scenario supplied, at least by inference, an explanation for the cocaine being on the ground, namely that others had discarded it to avoid arrest.

Thompson does not provide an alternate version of the facts regarding his presence and his actions prior to and at the time of his arrest. He does not explain the facts set forth in the police report. In essence, his declaration claims that the entire incident was fabricated and, by inference, that the police officers conspired to do so in advance. Thompson is not asserting that officers planted evidence and falsified a police report. He is asserting that, because he was standing at a particular location, 11 police officers conspired to plant narcotics and recorded money in his possession, and to fabricate virtually all the events preceding and following his arrest. The officers were not called upon to exaggerate or forget certain facts, or make assertions based on assumptions and inferences. The officers agreed to completely misrepresent what they saw and heard as percipient witnesses.

We are aware that Thompson need not present a factual scenario that is reasonably likely to have occurred or is persuasive or even credible. ( Warrick v. Superior Court, supra, 35 Cal.4th at pp. 1025-1026.) Further, we cannot conclude that Thompson's scenario is totally beyond the realm of possibility. Thompson's denials "might or could have occurred" in the sense that virtually anything is possible. Warrick did not redefine the word "plausible" as synonymous with "possible," and does not require an in camera review based on a showing that is merely imaginable or conceivable and, therefore, not patently impossible. Warrick permits courts to apply common sense in determining what is plausible, and to make determinations based on a reasonable and realistic assessment of the facts and allegations.

We also reject Thompson's claims that denial of his Pitchess motion violated his federal constitutional right to due process. Under Brady v. Maryland (1963) 373 U.S. 83, 86-87 [ 10 L.Ed.2d 215, 83 S.Ct. 1194], a prosecutor must disclose material evidence that is favorable to the defendant. California's Pitchess discovery scheme "creates both a broader and lower threshold for disclosure than does the high court's decision in Brady. . . ." ( City of Los Angeles v. Superior Court (2002) 29 Cal.4th 1, 14 [ 124 Cal.Rptr.2d 202, 52 P.3d 129].) "[I]f a defendant cannot meet the less stringent Pitchess materiality standard, he or she cannot meet the more taxing Brady materiality requirement." ( People v. Gutierrez (2003) 112 Cal.App.4th 1463, 1474 [ 6 Cal.Rptr.3d 138].)

The judgment is affirmed.

Gilbert, P. J., and Coffee, J., concurred.

A petition for a rehearing was denied August 23, 2006, and appellant's petition for review by the Supreme Court was denied November 1, 2006, S146403.


Summaries of

People v. Thompson

Court of Appeal of California, Second District
Aug 2, 2006
141 Cal.App.4th 1312 (Cal. Ct. App. 2006)

finding the defendant's simple denial that he handed drugs to a police officer in exchange for money was not a sufficient showing for discovery because the defendant failed to provide "a nonculpable explanation for his presence in an area where drugs were being sold," or why he was singled out by police

Summary of this case from People v. Jackson

affirming denial of Pitchess motion

Summary of this case from People v. Khan

affirming denial of Pitchess motion

Summary of this case from People v. Escobedo

In Thompson, supra, 141 Cal.App.4th at page 1315, the defendant was arrested after purchasing drugs from an undercover police officer. The defendant denied the statements in the police report and sought the personnel records of the officers involved.

Summary of this case from People v. Martinez

showing not internally consistent where defendant did not explain his own actions to adequately support his defense

Summary of this case from People v. Lewis

In People v. Thompson (2006) 141 Cal.App.4th 1312, which was decided after Warrick, the court affirmed the denial of the Pitchess motion because the declaration merely denied the elements of the offense, without presenting a factual account of the scope of the alleged police misconduct, explaining the defendant's own actions in a manner that supported his defense, suggesting a nonculpable reason for his presence in an area where drugs were being sold or for being singled out by the police, or asserting "any 'mishandling of the situation' prior to his detention and arrest."

Summary of this case from People v. Lemon

In Thompson, the Second District Court of Appeal upheld the denial of a Pitchess motion where the defendant sought discovery of 11 officers' personnel records.

Summary of this case from Goodman v. Superior Court of Solano Cnty.

In People v. Thompson (2006) 141 Cal.App.4th 1312, which was decided after Warrick, the court affirmed the denial of the Pitchess motion because the declaration merely denied the elements of the offense, without presenting a factual account of the scope of the alleged police misconduct, explaining the defendant's own actions in a manner that supported his defense, suggesting a nonculpable reason for his presence in an area where drugs were being sold or for being singled out by the police, or asserting "any 'mishandling of the situation' prior to his detention and arrest."

Summary of this case from People v. Lemon

In Thompson, the police report noted that an undercover officer, wearing a wire monitored by two detectives, purchased narcotics from the defendant while several officers watched the transaction; afterward, another officer found the buy money in the defendant's possession.

Summary of this case from People v. Bain

In People v. Thompson (2006) 141 Cal.App.4th 1312, 1315, 1317, the defendant sought the records of nine police officers and two detectives, based on his assertion that one of the officers had not purchased drugs from him, which purchase was witnessed by seven of the other officers and the two detectives, with the last officer finding the buy money used for the purchase on the defendant's person afterward.

Summary of this case from People v. Rodriguez

In Thompson, defense counsel at least explained what was supposedly false in the police reports and offered an alternative account, although it was insufficient because he did not support it with enough explanatory detail.

Summary of this case from People v. Ford

In Thompson, a police report stated that six police officers witnessed an undercover officer conduct a drug transaction with Thompson. (People v. Thompson, supra, 141 Cal.App.4th at p. 1317.)

Summary of this case from People v. Dixon

In Thompson, the defendant was standing near a street and sold cocaine base to an undercover police officer who gave him two marked $5 bills.

Summary of this case from People v. Williams

In Thompson, the defendant sought discovery of the personnel records of 11 police officers who allegedly conspired to frame him for selling drugs.

Summary of this case from People v. Coney (In re Coney)

In People v. Thompson (2006) 141 Cal.App.4th 1312, 1314 (Thompson), the defendant was charged with the sale of cocaine base.

Summary of this case from People v. Gutierrez

In Thompson, the defendant sought discovery of the personnel records of 11 police officers whom he claimed conspired to frame him for selling drugs as part of an undercover sting operation.

Summary of this case from People v. Gonzales

In Thompson, the defendant was standing near a street and sold cocaine base to an undercover police officer who gave him two marked $5 bills.

Summary of this case from People v. Dang

In People v. Thompson (2006) 141 Cal.App.4th 1312, 1314 (Thompson), the defendant was charged with the sale of cocaine base.

Summary of this case from People v. Gomez

In People v. Thompson (2006) 141 Cal.App.4th 1312, the defendant, who had been convicted of selling cocaine base (Health & Saf.Code, § 11352, subd. (a)), unsuccessfully argued that the trial court had erroneously denied his Pitchess motion under the standard set forth in Warrick.

Summary of this case from Hernandez v. Superior Court (People)

In Thompson, the police reports described an undercover drug transaction, which had been monitored by wire, and the recovery of the "buy money" from the defendant.

Summary of this case from Hernandez v. Superior Court (People)

In People v. Thompson (2006) 141 Cal.App.4th 1312, 1314 (Thompson), the defendant was charged with the sale of cocaine base.

Summary of this case from People v. Whetstone

In Thompson, the defendant was arrested after he sold cocaine to an undercover police officer; two $5 bills, which were later identified as the bills the undercover officer gave to the defendant for the cocaine, were found on defendant’s person.

Summary of this case from People v. Clark

In Thompson, the defendant was charged with selling cocaine base to an undercover officer during a drug transaction operation involving 11 officers.

Summary of this case from People v. Steele

In Thompson, the court ruled that although the defendant’s factual scenario presented in support of his Pitchess motion was certainly possible, it did not rise to the level of a plausible factual scenario.

Summary of this case from People v. Padron
Case details for

People v. Thompson

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JUAN L. THOMPSON, Defendant and…

Court:Court of Appeal of California, Second District

Date published: Aug 2, 2006

Citations

141 Cal.App.4th 1312 (Cal. Ct. App. 2006)
46 Cal. Rptr. 3d 884

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